Law:Title 5. Sanitation And Environmental Quality. Subtitle B. Solid Waste, Toxic Chemicals, Sewage, Litter, And Water from Chapter 372. Environmental Performance Standards For Plumbing Fixtures (Texas)

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Subtitle B. Solid Waste, Toxic Chemicals, Sewage, Litter, And Water

Contents

Chapter 372. Environmental Performance Standards For Plumbing Fixtures

Section 372.001.  Definitions.

In this chapter:

(1)  "Commercial prerinse spray valve" means a handheld device that is designed and marketed for use with commercial dishwashing and ware washing equipment and that is used to spray water on dishes, flatware, and other food service items to remove food residue before the items are cleaned in a dishwasher or ware washer or by hand.

(2)  "Commission" means the Texas Commission on Environmental Quality.

(3)  "Executive director" means the executive director of the commission.

(4)  "Plumbing fixture" means a device that receives water, waste, or both and discharges the water, waste, or both into a drainage system.  The term includes a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet, or drinking water fountain.

(5)  "Plumbing fixture fitting" means a device that controls and directs the flow of water.  The term includes a sink faucet, lavatory faucet, shower head, or bath filler.

(6)  "Pressurized flushing device" means a device that contains a valve that:

(A)  is attached to a pressurized water supply pipe that is of sufficient size to deliver water at the necessary rate of flow to ensure flushing when the valve is open; and

(B)  opens on actuation to allow water to flow into the fixture at a rate and in a quantity necessary for the proper operation of the fixture and gradually closes to avoid water hammer.

(7)  "Toilet" means a water closet.

(8)  "Water closet" means a plumbing fixture that has a water-containing receptor that receives liquid and solid body waste and, on actuation, conveys the waste through an exposed integral trap seal into a drainage system.

Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Sept. 1, 1991. Renumbered from Sec. 421.001 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.048, eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.133, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 1117, Sec. 1, eff. January 1, 2006.

Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 1, eff. September 1, 2009.



Section  372.002.  Water Saving Performance Standards.

(a) A person may not sell, offer for sale, distribute, or import into this state a plumbing fixture for use in this state unless:

(1)  the plumbing fixture meets the water saving performance standards provided by Subsection (b); and

(2)  the plumbing fixture is listed by the commission under Subsection (c).

(b)  The water saving performance standards for a plumbing fixture are the following standards:

(1)  for a sink or lavatory faucet or a faucet aerator, maximum flow may not exceed 2.2 gallons of water per minute at a pressure of 60 pounds per square inch;

(2)  for a shower head, maximum flow may not exceed 2.5 gallons of water per minute at a constant pressure over 80 pounds per square inch;

(3)  for a urinal and the associated flush valve, if any, sold, offered for sale, or distributed in this state before January 1, 2014:

(A)  maximum flow may not exceed an average of one gallon of water per flush; and

(B)  the urinal and the associated flush valve, if any, must meet the performance, testing, and labeling requirements prescribed by American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals";

(4)  except as provided by Subsection (g), for a urinal and the associated flush valve, if any, sold, offered for sale, or distributed in this state on or after January 1, 2014:

(A)  maximum flow may not exceed an average of 0.5 gallons of water per flush; and

(B)  the urinal and the associated flush valve, if any, must meet the performance, testing, and labeling requirements prescribed by the following standards, as applicable:

(i)  American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals"; or

(ii)  American Society of Mechanical Engineers Standard A112.19.19-2006 "Vitreous China Nonwater Urinals";

(5)  for a toilet sold, offered for sale, or distributed in this state before January 1, 2014:

(A)  maximum flow may not exceed an average of 1.6 gallons of water per flush; and

(B)  the toilet must meet the performance, testing, and labeling requirements prescribed by the following standards, as applicable:

(i)  American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals"; and

(ii)  American Society of Mechanical Engineers Standard A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual Flushing Device";

(6)  except as provided by Subsection (h), for a toilet sold, offered for sale, or distributed in this state on or after January 1, 2014:

(A)  the toilet must be a dual flush water closet that meets the following standards:

(i)  the average flush volume of two reduced flushes and one full flush may not exceed 1.28 gallons; and

(ii)  the toilet must meet the performance, testing, and labeling requirements prescribed by the following standards, as applicable:

(a)  American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals"; and

(b)  American Society of Mechanical Engineers Standard A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual Flushing Device"; or

(B)  the toilet must be a single flush water closet that meets the following standards:

(i)  the average flush volume may not exceed 1.28 gallons; and

(ii)  the toilet must meet the performance, testing, and labeling requirements prescribed by American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals"; and

(7)  a drinking water fountain must be self-closing.

(c)  The commission shall make and maintain a current list of plumbing fixtures that are certified to the commission by the manufacturer to meet the water saving performance standards established by Subsection (b).  To have a plumbing fixture included on the list, a manufacturer must supply to the commission, in the form prescribed by the commission:

(1)  the identification and the performance specifications of the plumbing fixture; and

(2)  certified test results from a laboratory accredited by the American National Standards Institute verifying that the plumbing fixture meets the water saving performance standards established by Subsection (b).

(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.

(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.

(f)  This section does not apply to:

(1)  a plumbing fixture that has been ordered by or is in the inventory of a building contractor or a wholesaler or retailer of plumbing fixtures on January 1, 1992;

(2)  a fixture, such as a safety shower or aspirator faucet, that, because of the fixture's specialized function, cannot meet the standards provided by this section;

(3)  a fixture originally installed before January 1, 1992, that is removed and reinstalled in the same building on or after that date;

(4)  a fixture imported only for use at the importer's domicile;

(5)  a nonwater-supplied urinal; or

(6)  a plumbing fixture that has been certified by the United States Environmental Protection Agency under the WaterSense Program.

(g)  The water saving performance standards for a urinal and the associated flush valve, if any, sold, offered for sale, or distributed in this state on or after January 1, 2014, are the standards prescribed by Subsection (b)(3) if the urinal was designed for heavy-duty commercial applications.

(h)  The water saving performance standards for a toilet sold, offered for sale, or distributed in this state on or after January 1, 2014, are the standards prescribed by Subsection (b)(5) if the toilet is a water closet that has a design not typically found in a residential application or that is designed for a specialized application, including a water closet that:

(1)  is mounted on the wall and discharges to the drainage system through the floor;

(2)  is located in a correctional facility, as defined by Section 1.07, Penal Code;

(3)  is used in a bariatric application;

(4)  is used by children at a day-care facility; or

(5)  consists of a non-tank type commercial bowl connected to the plumbing system through a pressurized flushing device.

Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Jan. 1, 1992. Renumbered from Sec. 421.002 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.134, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 71, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.



Section 372.0025.  Exception: Action By Municipality Or County.

The governing body of a municipality or county by ordinance or order may allow the sale in the municipality or county of a urinal or toilet that does not comply with Section 372.002(b)(4) or (6), respectively, if the governing body finds that to flush a public sewer system located in the municipality or county in a manner consistent with public health, a greater quantity of water is required because of the configuration of the drainage systems of buildings located in the municipality or county or the public sewer system.

Added by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 3, eff. September 1, 2009.



Section  372.003.  Labeling Requirements. (a)

Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.

(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.

(c)  The commission by rule shall prohibit the sale, offering for sale, distribution, or importation into this state of a new commercial or residential clothes-washing machine, dish-washing machine, or lawn sprinkler unless:

(1)  the manufacturer has furnished to the commission, in the form prescribed by the commission, the identification and performance specifications of the device; and

(2)  the clothes-washing or dish-washing machine or lawn sprinkler is labeled in accordance with rules adopted by the commission with a statement that describes the device's water use characteristics.

(d)  Rules adopted or amended under this section shall be developed by the commission in conjunction with a technical advisory panel of designated representatives of the Texas Water Development Board and the Texas State Board of Plumbing Examiners.

(e)  This section shall not apply to those clothes-washing or dish-washing machines that are subject to and in compliance with the labeling requirements of the National Appliance Energy Conservation Act of 1987, Public Law 100-12.

Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Sept. 1, 1991. Renumbered from Sec. 421.003 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.049, eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.135, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.



Section  372.0035.  Lead In Plumbing Fixtures, Pipe, And Pipe Fitting.

(a) A person may not sell or offer for sale a plumbing fixture, pipe, or pipe fitting that contains more than eight percent lead for installing or repairing:

(1)  a public drinking water system; or

(2)  plumbing that provides water for human consumption and is connected to a public drinking water system.

(b)  A person may not sell or offer for sale solder or flux that contains more than two-tenths percent lead for installing or repairing:

(1)  a public drinking water system; or

(2)  plumbing that provides water for human consumption and is connected to a public drinking water system.

(c)  For purposes of this section, a person engaged in the business of installing or repairing plumbing is considered to have sold or offered for sale a plumbing fixture, pipe, pipe fitting, solder, or flux if the person uses or offers to use the fixture, pipe, fitting, solder, or flux to install or repair plumbing.

(d)  This section does not prohibit the sale or offer for sale of a lead joint necessary for the repair of cast-iron pipe. The commission shall adopt rules to implement this subsection.

(e)  The commission may adopt rules to implement this section.

(f)  If a person licensed under Chapter 1301, Occupations Code, violates this section, the Texas State Board of Plumbing Examiners may discipline the person under Subchapter I of that chapter as if a violation of this section were a violation of that chapter.

(g)  A person commits an offense if the person violates Subsection (a) or (b). An offense under this subsection is a Class C misdemeanor. Each violation is a separate offense and each day of a continuing violation is a separate offense.

(h)  A field representative of the Texas State Board of Plumbing Examiners or, within the jurisdiction of a municipality, a municipal plumbing inspector may issue a citation to a person who violates this section.

Added by Acts 1993, 73rd Leg., ch. 751, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.136, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.787, eff. Sept. 1, 2003.



Section  372.004.  Report To Legislature. (a)

In this section, "water consumption factor" has the meaning assigned by 10 C.F.R. Part 430, Subpart B, Appendix J, as that appendix existed on September 1, 2001.

(b)  This section does not apply to a clothes-washing machine with a capacity of more than 3.5 cubic feet or less than 1.6 cubic feet.

(c)  The commission shall report to the legislature not later than February 28 of each year on:

(1)  the number of clothes-washing machines with a water consumption factor of more than 11 that were imported into this state during the preceding calendar year;

(2)  the number of clothes-washing machines with a water consumption factor of more than 9.5 but not more than 11 that were imported into this state during the preceding calendar year;

(3)  the number of clothes-washing machines with a water consumption factor of 9.5 or less that were imported into this state during the preceding calendar year; and

(4)  the average water consumption factor of all clothes-washing machines that were imported into this state during the preceding calendar year.

(d)  The commission by rule shall require appropriate industry trade associations or other entities to provide the information described by Subsection (c) to the commission not later than January 31 of each year.

Added by Acts 2001, 77th Leg., ch. 1322, Sec. 1, eff. Sept. 1, 2001.



For expiration of this section, see Subsection (c).

Section 372.0045.  Phase-in Of Water Saving Performance Standards.

(a) Notwithstanding Sections 372.002(b)(3) and (5), at least the following percentage of the models of urinals and of the models of toilets offered for sale by a manufacturer in this state must meet the requirements of Sections 372.002(b)(4) and (6), respectively:

(1)  50 percent of the models of urinals and of the models of toilets offered for sale on January 1, 2010;

(2)  67 percent of the models of urinals and of the models of toilets offered for sale on January 1, 2011;

(3)  75 percent of the models of urinals and of the models of toilets offered for sale on January 1, 2012; and

(4)  85 percent of the models of urinals and of the models of toilets offered for sale on January 1, 2013.

(b)  Not later than January 31 of each year, a manufacturer that offers urinals or toilets for sale in this state shall notify the commission in writing of the percentage of the models of urinals and of the models of toilets offered for sale by the manufacturer in this state that meet the requirements of Sections 372.002(b)(4) and (6), respectively.

(c)  This section expires September 1, 2013.

Added by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 3, eff. September 1, 2009.



Section 372.005.  Commercial Prerinse Spray Valve Performance Standards.

(a) A person may not sell, offer for sale, distribute, lease, or import into this state a commercial prerinse spray valve for use in this state unless the prerinse spray valve:

(1)  has a flow rate of 1.6 gallons of water per minute or less, as determined using the standard test method for prerinse spray valves developed by the American Society for Testing and Materials as specified in ASTM F2324-03 as that method existed on January 1, 2006; and

(2)  is listed by the commission under Subsection (b).

(b)  The commission shall make and maintain a current list of commercial prerinse spray valves that are certified to the commission by the manufacturer or importer to meet the performance standards provided by Subsection (a)(1).  To have a commercial prerinse spray valve included on the list, the manufacturer or importer must supply to the commission, in the form prescribed by the commission, the identification and the performance specifications of the prerinse spray valve.  The commission may test a listed commercial prerinse spray valve to determine the accuracy of the manufacturer's or importer's certification and shall remove from the list a prerinse spray valve the commission determines to be inaccurately certified.

(c)  The commission may assess against a manufacturer or an importer a reasonable fee for an inspection of a commercial prerinse spray valve to determine the accuracy of the manufacturer's or importer's certification in an amount determined by the commission to cover the expenses incurred in the administration of this chapter. A fee received by the commission under this subsection shall be deposited in the state treasury to the credit of the water resource management account. Fees deposited under this section may be appropriated only for the administration of this chapter.

Added by Acts 2005, 79th Leg., Ch. 1117, Sec. 2, eff. January 1, 2006.



Section 372.006.  Nonwater-supplied Urinal Performance Standards.

(a) A person may not sell, offer for sale, or distribute in this state a nonwater-supplied urinal for use in this state unless the nonwater-supplied urinal:

(1)  meets the performance, testing, and labeling requirements prescribed by the following standards, as applicable:

(A)  American Society of Mechanical Engineers Standard A112.19.19-2006 "Vitreous China Nonwater Urinals"; or

(B)  International Association of Plumbing and Mechanical Officials Standard ANSI Z124.9-2004 "Plastic Urinal Fixtures";

(2)  provides a trap seal that complies with the building code of the local government in which the urinal is installed; and

(3)  permits the uninhibited flow of waste through the urinal to the sanitary drainage system.

(b)  The manufacturer or importer must submit to the commission certified test results from a laboratory accredited by the American National Standards Institute verifying that the nonwater-supplied urinal conforms to the requirements described by Subsection (a)(1).

(c)  A person who installs a nonwater-supplied urinal shall install water distribution and fixture supply piping sized to accommodate a water-supplied urinal to an in-wall point immediately adjacent to the nonwater-supplied urinal location so that the nonwater-supplied urinal can be replaced with a water-supplied urinal if desired by the owner or required by a code enforcement officer.

(d)  A person who owns a nonwater-supplied urinal shall clean and maintain the nonwater-supplied urinal in accordance with the manufacturer's instructions.

Added by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 3, eff. September 1, 2009.


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